St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-04-16
TEMPERANCE TEXT ROCKS.
Attorney General Clapp Gives Out
an Interesting Decision on the Re
cent kegislat ton. - |

There has been some question as to what
construction is to be placed upon the law
recently passed by the legislature. relating
to the teaching of temperance by text books
i'll the public schools. Supt. Kiehle being
at a loss as to what to do, some time ago
addressed Attorney General Clapp ON the
matter. Owing to the interest taken in the
matter by many people of Minnesota, the
opinion of the attorney general is given
below in full;
THE OPINION.
Your communication of the 18th inst, ask
ing for an opinion upon the law passed at the
recent legislature relating to instruction in
the public schools in physiology and hygiene
with special reference to the effects of Stimu-
IautS and narcotics upon the human system,
is received. You ask three distinct Ques-
aions; First, Is the commission at liberty to
select one or more books; second, What is
the legal status of the book recommended;
third, What is considered cost?
The language of section five of the act re-
ferred to is that the superintendent OF in
Struction and the presidents of the normal
schools of this state be directed to recon-
mend some suitable text book. In constituting
the statutes we have to look not only at the
language to be construed, but at the act
itself and the intent or purpose for which
the act was passed. 1t is obvious that the
word book as used in this section, is to be
taken to mean series of books adapted to
the purpose required. Physiology and n.y.
Riene, independent of their relation to
the effects of alcoholic stimuants and
narcotics upon the system, constitute q pro-
greSslve science, and the books necessary for
that purpose range from the most elementary
to those used in higher grade. 1t would
seem impossible to teach this branch with
special reference to the effects of alcohol and
narcotics without making such special study
also progressive one. The true spirit and
n : q Of
AStimulants upon the system shall be
effectively taught in our public schools,
and in that same spirit that other
studies are taught with view to the i'm
provement and development of the pupil
ITO carry out this law in its true spirit, u rec
concentration by the commission could not
be limited to one single volume, unless, pos
sibly, nothing partaking of the nature OF a
series upon this particular subject had yet
Oeen developed. Neither would it be suffi-
Gent to select as text books those commonly
used as text books OF hygiene and physiology.
These studies are all taught in our schools,
aud the law clearly contempateS that
prominence shall be given to the study
of the effects of alcohol and narcotics
upon the system. If this was sufficiently il
Illustrated in the books already used and by
the subject as already taught 1T would be I'M
necessary to pass any law upon this subject
1t is clear, then. that the law contemplates
the selection of books that have been pre-
paf6u WlIu Speclal reference TO the eHectS OF
stimulants and narcotics upon the system.
In my opinion you are to exercise that same
judgment looking to the best interests of the
pupil that you would exercise in the selec-
ton of any text book, bearing in mind the
full purpose and intent of this law.
Second-As 10 the legal status of the book
recommended. 1t is the obvious intent as
gathered from the act, that this study shall
be obligatory; in fact, penalty is provided
if the teacher should neglect or refuse to
carry out its provisions, and also on the part
OF school boards who neglect or refuse to
comply with its provisions. While this is
true, it does not follow that the book or series
recommended must be adopted by the various
schools throughout the state. The commits
sion are empowered to recommend this as adj
visory, and, while this must be taught in the
schools under the provisions of this law.
1T can hardly be said that the recommends
tion of the commission is binding upon the
districts. The fact that the commission
recommend the book or the series will, of
course, have great weight with the district
officers. The law further provides that these
books so recommended shall be furnished at
cost, which would be an additional induce
gnent for the districts to adopt the recon-
,mendatiOn of the commission. Ii it had been
the intention that the recommendation of the
commission should he binding upon the dis.
lets such intention should have been clearly
expressed In the law itself; but we can only
take the law as we find II and interpret 1t liz